sick note turned down for esa

mrswright

i was recently on esa for muscle pain i was later turned down after being awarded no points for medical i was then diagnosed with fibromalgia and chronic fatigue syndrome and was told to reclaim as new illness 5 week on and they are saying they wont accept my sick note as its a new word for old condition even tho with this i now suffer depression,moodswings all being treated for my meds have increased i have 5 children and my partner fully cares for me as im in pain every day need help washing getting dressed walking ect im realy depressed with all this and not sleeping what can i do we are struggling to live now as we carnt claim anything else

paragon909

Did you not take your ESA to tribunal or ask for a mandatory reconsideration??? Seem's like you just left the ESA decision as it was. If you appealed you might of won.

But Fibromyalgia is just another word for muscle pain. You can only reclaim esa under a new illness just aslong as you never got assessed for it during the atos medical, Because on the HCP report if it mentions any illnesses you told them even though you didn't have a sick note they will not allow you to reclaim using that new illness because they will see it you have already been assessed..

Maybe try get a letter from your doctor saying your condition is getting worse etc. And it's 6 months before you can make a new claim for ESA under the same illness from when you got informed of 0 points. Have you been to citizens advice to get help?

mrswright

yes i already claim ctc and cb and im in the process of a pip claim i have asked for the claim to be looked at again which they say will take upto 28 days i also have chronic fatigue syndrome which is not realy based around the pain but more of the exhaustion and depression side just was so shocked as it was their advice for me to reclaim but fingers crossed they will take all into consideration

paragon909

mrswright wrote: »

yes i already claim ctc and cb and im in the process of a pip claim i have asked for the claim to be looked at again which they say will take upto 28 days i also have chronic fatigue syndrome which is not realy based around the pain but more of the exhaustion and depression side just was so shocked as it was their advice for me to reclaim but fingers crossed they will take all into consideration

Well you have 2 choices. Either claim JSA and get something until they complete the reconsideration. Or wait till they come back with a decision if they decide to change you will get all the back dated monies owed including the time you waited in between the reconsideration. If you fail you will need to appeal and only then can you get assessment rate of ESA until the tribunal is heard.


But JSA can be a stressful benefit to claim,

mrswright

ok thank you i think i will be waiting for their decision, i didnt know i could claim when and if it goes to appeal so thats realy helpful thanks for that

paragon909

mrswright wrote: »

ok thank you i think i will be waiting for their decision, i didnt know i could claim when and if it goes to appeal so thats realy helpful thanks for that

If the re-consideration comes back still unchanged, then you need to wait for them to send you the mandatory reconsideration notice.

One for you and one for the tribunal courts. Which is sent along with the sscs1 form and supporting evidence . You can get someone to represent you at the tribunal such as citizens advice.

But thinking of tribunals and things is jumping the gun abit so i would wait for them to come back with a decision.

Good Luck, Although if you were a junkie or an alcoholic you would be accepted first time. Bad Bad system ESA and ATOS

racon

paragon909 wrote: »

Did you not take your ESA to tribunal or ask for a mandatory reconsideration??? Seem's like you just left the ESA decision as it was. If you appealed you might of won.

But Fibromyalgia is just another word for muscle pain. You can only reclaim esa under a new illness just aslong as you never got assessed for it during the atos medical, Because on the HCP report if it mentions any illnesses you told them even though you didn't have a sick note they will not allow you to reclaim using that new illness because they will see it you have already been assessed..

Maybe try get a letter from your doctor saying your condition is getting worse etc. And it's 6 months before you can make a new claim for ESA under the same illness from when you got informed of 0 points. Have you been to citizens advice to get help?

Hey, to counter this, as you normally only have one condition noted on a GP's sick note, there is nothing stopping you only describing the effects of that condition on the ESA50. I know of a case where someone had 4/5 serious conditions including mental health, but only described the problems that specifically related to the condition as noted on the sick note. As for the other difficulties they wrote across the section that this does not apply to the condition as shown on the sick note. Across the mental health section they wrote that this condition is not relevant to the condition as shown on the sick note.
They were put in the Support Group for 3 years based only on the disabling effects of just one of the conditions they had.
You could argue that if it went the other way, any of the other 4 conditions were new ones.

paragon909

racon wrote: »

Hey, to counter this, as you normally only have one condition noted on a GP's sick note, there is nothing stopping you only describing the effects of that condition on the ESA50. I know of a case where someone had 4/5 serious conditions including mental health, but only described the problems that specifically related to the condition as noted on the sick note. As for the other difficulties they wrote across the section that this does not apply to the condition as shown on the sick note. Across the mental health section they wrote that this condition is not relevant to the condition as shown on the sick note.
They were put in the Support Group for 3 years based only on the disabling effects of just one of the conditions they had.
You could argue that if it went the other way, any of the other 4 conditions were new ones.

But if you went for a medical for example Fibromyalgia chronic fatigue and told them you were depressed they would assess you for being depressed aswell and would put this on the HCP which is sent to DWP. And trying to make a new claim under depression would fail because they would see you have been assessed already regardless if its on the esa50 or sick note before.


Also you can have multiply illnesses on the one sick note.

racon

paragon909 wrote: »

But if you went for a medical for example Fibromyalgia chronic fatigue and told them you were depressed they would assess you for being depressed aswell and would put this on the HCP which is sent to DWP. And trying to make a new claim under depression would fail because they would see you have been assessed already regardless if its on the esa50 or sick note before.


Also you can have multiply illnesses on the one sick note.

Hey, I have never seen a sick note with more than one condition entered on it. Obviously it may happen, but if you want to hedge your bets, and if there is a condition that isn't on the sick note, you are under no obligation to refer to it on the claim form or indeed at the assessment. Why would you mention it at the assessment if it isn't on the ESA50?
It keeps your options open. You only have to gain 15 points, if you can do that with just one condition......

paragon909

racon wrote: »

Hey, I have never seen a sick note with more than one condition entered on it. Obviously it may happen, but if you want to hedge your bets, and if there is a condition that isn't on the sick note, you are under no obligation to refer to it on the claim form or indeed at the assessment. Why would you mention it at the assessment if it isn't on the ESA50?
It keeps your options open. You only have to gain 15 points, if you can do that with just one condition......

Because ESA and DWP or anyone like that doesn't tell you that you can reclaim under a new or different illness to the one you originally claimed for. It wouldn't benefit them.

TELLIT01

It is far from uncommon for sick notes to have more than one condition on it. In my experience probably 15-20% would do. As for mentioning conditions which aren't on the certificate, it's easy to get into conversation with the HCP and thereby mention other things. For example "My back is hurting so badly I really get depressed at times thinking nothing will ever sort it out". Incap is 'back pain' but the HCP has noted that you also said you suffer with depression. It's that easy.